The procedure for divorce at the request of one of the spouses

In Ukraine, divorce by the application of one of the spouses is possible in two cases:

1. Through the Civil Status Registration Authorities (DRAСS):

• Conditions: If the other spouse:
• Is declared missing.
• Is declared incapacitated.
• Procedure:
• Submit the application to DRAСS at the place of residence of the spouses or one of them.
• Provide a copy of the court decision declaring the other spouse missing or incapacitated.
• Pay the state fee.
• Timeframes: The state registration of the divorce takes place one month after the application is submitted, unless it is withdrawn.

2. Through the Court:

• Conditions: If:
• The spouses have minor children.
• One of the spouses does not consent to the divorce.
• Procedure:
• Submit a claim to the court at the defendant’s place of residence.
• Pay the court fee.
• The court reviews the case and may set a reconciliation period of up to six months.
• A decision on the divorce is made.
• Timeframes: The duration of the court process depends on the specific circumstances of the case and the court's workload.

Note:

• After the divorce, each spouse has the right to divide joint property and determine the children's place of residence.
• In case of divorce through the court, the marriage ends on the day the court's decision comes into force.
• In case of divorce through DRAСS, the marriage ends on the day of the state registration of the divorce.